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Ben Bond Acquitted on Obstruction Charge

March 18, 2010

By Dan Corcoran

EUGENE, Ore. — Ben Bond, 30, has been acquitted by a Eugene Municipal Court judge.   Bond had been charged with Obstruction of a Governmental or Judicial Function.

A motion by the defense was granted by the judge paving the way for Bond’s acquittal.  The motion was based on an Oregon Court of Appeals case from the 1980’s which stated the need for proof that a threat to commit a crime had been made.  That was not done by the prosecution.

There were several different ways that the prosecution could have chosen to attempt to prove Bond was guilty of Obstruction.  The city says Bond kept parking enforcement officer Maria Velasquez from doing her job by way of intimidation.  With that intimidation route, the door was opened for the defense to bring up a the case of State V. Mattila, which said a specific crime needed to be outlined.  That never happened between Bond and Velasquez, making the city’s case impossible to prove.

“A lot of the stuff that they brought to court was very shocking to me and I was very shocked to hear about a lot of things that I supposedly said,” said Bond.

“Once I found out their theory was intimidation, the State vs. Matilla was there and I thought we won judicially and not factually because the court never had to arrive at that point in the case,” said Defense Attorney Bill Wiswall.

The defense waited until the prosecution presented it’s evidence and outlined it’s case before bringing up the prior case.  The city does not have the opportunity to appeal the judges ruling.

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